The Transfer Act at long last sunsets and new program starts on March 1, 2026
The Connecticut Department of Energy & Environmental Protection (CT DEEP) is set to commence its new “Release-Based Cleanup Program,” or RBCP, on March 1, 2026. On this date, the historically burdensome Transfer Act will officially sunset.
This long awaited transition started with landmark legislation in 2020, after which CT DEEP went through a multi-year, arduous process of conceptualizing the new framework and then preparing, drafting, and seeking adoption of regulations to officially govern the program. The regulations were approved and adopted on May 6, 2025, and have an effective date of March 1, 2026.
The start of the RBCP will be a significant shift for Connecticut away from the Transfer Act—where obligations arose due to real estate or business transactions—to a discovery-based system; meaning, at its core: “when you find it, you clean it.” This is notably aligned with how much of the rest of the country handles contamination and remedial requirements.
Carmody’s Environmental Group webpage will be sharing more about the highly nuanced RBCP program and its various elements throughout the year.
As an engaged stakeholder with CT DEEP during the regulation drafting, commenting, and adoption process, Carmody is available to answer questions and help clients understand what this transition means for environmental liabilities and requirements in Connecticut.
Please contact our Environmental Group if you would like additional information or need advice about the Transfer Act phase-out and/or the RBCP:
Deborah R. Brancato
Partner
203.252.2648
[email protected]
This information is for educational purposes only to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.